Washington v. Oakland Unified School District

I. BACKGROUND

24 The morning of February 22, 2019, Mr. Washington arrived at Horace Mann 25 Elementary to “do Christian-themed chalk art upon the public easement outside the school 26 property.” FAC (dkt. 40) ¶ 12. That morning, two groups of teachers said “disparaging 27 1 1” “verbally antagonize[d] and harass[ed]” him, id. ¶ 19, intentionally walked into him, id., 2 kicked over a phone with which he was recording the incident, id. ¶ 23, and “propagat[ed] 3 misinformation and claim[ed] [he] was painting on the sidewalk,” id. ¶ 22. 4 Similarly, Mr. Washington alleges that on August 7, 2019, employees of OUSD 5 “verbally berate[d]” him by calling him “stupid” and erasing his chalk art from the 6 sidewalk. Id. ¶¶ 26–30. Additionally, “from January to August 2019 OUSD Police 7 Officers . . . would while on duty and in uniform, come and harass, question, interrogate, 8 impede and interfere with [Mr. Washington] while he was engaged in . . . religious 9 expression.” Id. ¶ 31. In particular, Mr. Washington identifies a January 29, 2019 incident 10 in which OUSD officers “threatened that if [Mr. Washington] did not depart, they would 11 ‘cite’ him,”…